There are two main categories to investigate the criminal responsibility of administrative personnel. One is that the chief executive is just an identity mark, and while managing administrative affairs, he still directly participates in the deposit-taking business.
The other is not directly involved in the deposit-taking business, but the specific work it is engaged in is still closely related to deposit-taking, such as recruiting personnel, renting venues, planning and publicity, etc. It can be seen that such personnel can be included in the scope of prosecution as long as they are not purely administrative auxiliary affairs.
Article 176th of the Criminal Law of People's Republic of China (PRC)
Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan.
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
Extended data:
2065438+In June 2004, the defendants Li Wei, Nie Hui and Wang Mou (at large) jointly established Hengshui Mao Heng Investment Consulting Co., Ltd., the only franchise store of Qingdao Fuyuan Yuntong Investment Management Co., Ltd., with Li Wei as the legal representative and Nie Hui as the shareholder of the company. Defendant Li Hong served as the business manager.
After the company was established, it violated the national financial management laws and regulations, violated the business rules of Qingdao Fuyuan Yuntong Investment Management Co., Ltd. without the approval of the relevant departments according to law, and publicly absorbed funds from the public in the name of capital shortage of Hebei Jiushang Real Estate Development Co., Ltd. with the promise of repaying the principal and interest within a certain period as bait.
From 2065438 to March 2006, Li Wei and Nie Hui * * * illegally absorbed funds of RMB 1 18 1000 from 55 members of the public, resulting in the inability to repay the principal of RMB 5,072,536.5 to the public. During Li Hong's tenure, he and a part-time salesman * * *
The Zaoqiang County People's Court held that the defendants Li Wei, Nie Hui and Li Hong had absorbed huge amounts of funds from unspecified people in society without the approval of the relevant state departments, which constituted the crime of illegally absorbing public deposits. Li Wei also committed the crime of contract fraud and should be punished for several crimes. In the crime of illegally absorbing public deposits, Li Wei and Nie Hui play a major role, while Li Hong is an accessory.
In accordance with the relevant provisions of the Criminal Law, the defendant Li Wei was found guilty of illegally absorbing public deposits, sentenced to four years and nine months in prison and fined 200,000 yuan. He was sentenced to 13 years and five months in prison and fined 270,000 yuan for several crimes of contract fraud.
Defendant Nie Hui was convicted of illegally absorbing public deposits, sentenced to four years and nine months in prison and fined 200,000 yuan. Defendant Li Hong was convicted of illegally absorbing public deposits, sentenced to three years' imprisonment and fined RMB 150,000.
References:
China People's Congress Network-People's Republic of China (PRC) and China Criminal Law